Ex parte ANDO - Page 2




          Appeal No. 1998-0647                                                        
          Application 08/414,004                                                      


          of the claims in the application.                                           




               Representative claim 1 is reproduced below:                            
               1.  A spindle apparatus comprising:                                    
               a rotary shaft;                                                        
               magnetic bearing means for floatingly holding the rotary               
          shaft by magnetic forces; and                                               
               a combined motor and magnetic bearing device for                       
          imparting a rotational torque to the rotary shaft and for                   
          positionally controlling the rotary shaft by magnetic forces.               
               The following reference is relied upon by the examiner:                
          Kawashima                          5,093,754                Mar.            
          3, 1992                                                                     
               Claims 1 through 16 stand rejected under 35 U.S.C. § 102               
          as being fully anticipated by Kawashima.                                    
               Rather than repeat the positions of the appellant and the              
          examiner, reference is made to the briefs and the answer for                
          the respective details thereof.                                             
                                       OPINION                                        
               We reverse.                                                            
               The key feature in dispute among each independent claims               
          1, 2 and 10 on appeal is the feature set forth as the last                  
                                          2                                           





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